Montana § 27-18-726 Proceedings On Motion

Montana Statutes

§ 27-18-726 — Proceedings On Motion

Montana § 27-18-726

Title 27CIVIL LIABILITY, REMEDIES, AND LIMITATIONS

Ch. 18PREJUDGMENT ATTACHMENT

Part 7Methods of Defending Against Attachment

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Bluebook

Mont. Code Ann. § 27-18-726 (2026).

Text

27-18-726 . Proceedings on motion. An application specified in 27-18-725 may be founded only upon:

(1)the papers upon which the writ was granted, in which case it must be made to the court or judge, with or without notice as the court or judge considers proper; or

(2)proof by affidavits on the part of the defendant or a person who has acquired a lien upon or interest in the defendant's property after it was attached, in which case it must be made to the court or judge upon notice and may be opposed by new proof, by affidavit or other evidence on the part of the plaintiff, tending to sustain any grounds of attachment.

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27-18-726 . Proceedings on motion. An application specified in 27-18-725 may be founded only upon:
(1) the papers upon which the writ was granted, in which case it must be made to the court or judge, with or without notice as the court or judge considers proper; or
(2) proof by affidavits on the part of the defendant or a person who has acquired a lien upon or interest in the defendant's property after it was attached, in which case it must be made to the court or judge upon notice and may be opposed by new proof, by affidavit or other evidence on the part of the plaintiff, tending to sustain any grounds of attachment.

Legislative History

En. Sec. 918, C. Civ. Proc. 1895; re-en. Sec. 6685, Rev. C. 1907; re-en. Sec. 9286, R.C.M. 1921; re-en. Sec. 9286, R.C.M. 1935; R.C.M. 1947, 93-4333; amd. Sec. 703, Ch. 56, L. 2009.